Hi everyone,
I have a question regarding maternity pay. I have just been offered a job and there is nothing in the contract aout maternity pay/ entitlement. Although I am not planning on becoming pregnant in the next couple of years I am interested to know what the stance is. I don't want to ask my potential employer aout this in case she thinks this means I'm going to run off and have a baby straight away!
Is there a standard entitlement and should I be worried that this isn't specified in the contract?
Thanks for your help!
Although there weren't any legal rights to it before I believe there are some minimum rights for mothers now, without it being down just to the goodwill of the company.
I have just taken a new job and noticed the same thing - no mention of maternity pay or leave in the contract. However, it turns out that my company has a separate 'benefits' book (standard for the whole company) which lists things like that, and holiday / flextime, military service (for guys) etc... I didn't get that extra booklet until I had actually signed the contract, weirdly.
Could be your company has a similar thing?
It isn't easy to find the answer. I think it's 14 weeks minimum after the birth. It also looks like you can't be fired when pregnant and for 16 weeks after the birth. You are forbidden to work for 8 weeks after the birth,
http://www.bsv.admin.ch/themen/eo/00...x.html?lang=de
Bundesgesetz vom 18. März 1994 über die Krankenversicherung (KVG)
Das Arbeitsgesetz enthält verschiedene Schutzbestimmungen für Schwangere, Wöchnerinnen und stillende Mütter. Während der ganzen Schwangerschaft und für stillende Mütter sind gefährliche oder beschwerliche Arbeiten verboten. Kann keine gleichwertige Arbeit ohne Risiken vorgeschlagen werden, besteht Anspruch auf 80% des Lohnes. Es besteht ein Arbeitsverbot während acht Wochen nach der Niederkunft. Das Obligationenrecht OR enthält einen Kündigungsschutz während der gesamten Dauer der Schwangerschaft und während 16 Wochen nach der Niederkunft. Seit dem 1. Juli 2005 haben Arbeitnehmerinnen Anspruch auf einen Mutterschaftsurlaub von mindestens 14 Wochen (Art. 329 f OR).
I suggest an informal talk with your heath insurance would reveal any problems. You must insure the baby before it is born!
Hello!
My company also does not mention it in the contract but it is part of the benefits.
You are entitled to maternity leave in CH as long as you work at least a certain number of months whilst being pregnant and pay into the AVS/AHV etc. I seem to remember it being 5 months but not sure anymore and no time to look
So even if not written, they will need to offer it (statutory is 14 weeks from birth at 80% pay)
Cheers,
K
Thanks everyone for your useful advice... I have one more question, is it a similar situation to the UK whereby if you take maternity pay you must return to the same job or you have to pay it back?
Thanks!
I think that the reason why this maternity policy has dissapeared from the contracts is because three years ago a law was approved that entitles the mothers to a minimum of 14 weeks maternitiy leave and 80 % of their salary during this period. Therefore all mothers in Switzerland now have the right to maternity money and this issue is not dependant on the company you work for anymore. Of course every company is free to improve this conditions if they want to, for example some pay 100 % of the salary during maternity leave, which means that they pay the 20 % left that is not paid by the government.
For someone not planning to be preagnant you are asking some very specific questions